State v. Smarr
| Decision Date | 06 March 2002 |
| Docket Number | No. 579P01.,579P01. |
| Citation | 561 S.E.2d 500,355 N.C. 291 |
| Court | North Carolina Supreme Court |
| Parties | STATE of North Carolina v. Antorio Maurice SMARR. |
Charlesena Walker, Raleigh, for Antorio Maurice Smarr.
Elizabeth Strickland, Assistant Attorney General, Michael K. Lands, District Attorney, for State.
Prior report: 146 N.C.App. 44, 551 S.E.2d 881.
ORDER
Upon consideration of the petition filed by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:
"Denied by order of the Court in conference, this the 6th day of March 2002."
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13 cases
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State v. Hudgins
...of the case and requires an instruction. State v. Smarr, 146 N.C.App. 44, 54, 551 S.E.2d 881, 888 (2001), disc. review denied, 355 N.C. 291, 561 S.E.2d 500 (2002). For a jury instruction to be required on a particular defense, there must be substantial evidence of each element of the defens......
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State v. Jacobs, No. COA06-1652 (N.C. App. 1/15/2008)
...318, 322, 372 S.E.2d 517, 519 (1988); State v. Smarr, 146 N.C. App. 44, 56, 551 S.E.2d 881, 888 (2001), disc. rev. denied, 355 N.C. 291, 561 S.E.2d 500 (2002). "Defendant may not swap horses after trial in order to obtain a thoroughbred upon appeal." Benson, 323 N.C. at 322, 372 S.E.2d at 5......
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State v. Breathette
...of the case and requires an instruction. State v. Smarr, 146 N.C.App. 44, 54, 551 S.E.2d 881, 888 (2001), disc. review denied, 355 N.C. 291, 561 S.E.2d 500 (2002). The State argues that the trial court properly refused to instruct the jury on the mistake of age defense as the defense is ina......
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State v. Brown, No. COA07-843 (N.C. App. 3/4/2008)
...questions which clarify a witness's testimony, State v. Smarr, 146 N.C. App. 44, 551 S.E.2d 881 (2001), disc. review denied, 355 N.C. 291, 561 S.E.2d 500 (2002), or which "elicit testimony which proves an element of the State's case so long as [the judge] does not comment on the strength of......
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